Report: GOP might keep parts of ObamaCare if law is struck down

posted at 9:49 pm on May 16, 2012 by Allahpundit

The sourcing on this one is awfully thin, which raises two possibilities. One: The details are exaggerated or outright made up to try to start a firestorm among ObamaCare-hating conservatives. Two: The details are spot-on and are being deliberately leaked to see how ObamaCare-hating conservatives react. Can some parts of this thing be preserved or must the stench of The One’s greatest victory be completely expunged before Congress takes another run at health care?

If the law is upheld, Republicans will take to the floor to tear out its most controversial pieces, such as the individual mandate and requirements that employers provide insurance or face fines.

If the law is partially or fully overturned they’ll draw up bills to keep the popular, consumer-friendly portions in place — like allowing adult children to remain on parents’ health care plans until age 26, and forcing insurance companies to provide coverage for people with pre-existing conditions. Ripping these provisions from law is too politically risky, Republicans say…

Then on Wednesday, Speaker John Boehner (R-Ohio) gave the entire House Republican Conference a preview of where the party is heading. His message: “When the court rules, we’ll be ready.”

But Boehner warned that they’ll relegislate the issue in smaller, bite sizes, rather than putting together an unwieldy new health care bill.

“If all or part of the law is struck down, we are not going to repeat the Democrats’ mistakes,” Boehner said, according to several sources present. “We have better ideas on health care — lots of them. We have solutions, of course, for patients with pre-existing conditions and other challenges.”

Reminds me of the furor back in November 2010 when The Hill claimed Eric Cantor wanted to keep parts of ObamaCare after getting rid of the mandate. They corrected their story later that same day to say that in fact Cantor wanted to get rid of the whole law but that the GOP would come up with its own way to pay for the more popular policies introduced in the bill, like the coverage guarantee for people with preexisting conditions. I think that’s the upshot of Politico’s story. You can’t really keep parts of ObamaCare’s framework intact without the mandate; the whole point of the conservative severability argument is that the mandate is the payment mechanism for all the goodies in the bill such that if the former goes the latter have to go with it. What you could do instead is come up with a smaller bill or bills that would reintroduce some of those provisions but in an entirely new payment framework. Which, it seems, is what the GOP’s thinking of doing:

DeMint — a power broker on the right — said the public opposes Obama’s healthcare law in part because of the messy process through which it passed. He wants conservatives to take an incremental approach that keeps the focus on individual policies.

“We have a number of simple, common-sense solutions, including allowing folks to buy health plans in other states, giving tax equity to those who don’t get healthcare from their employer, expanding health savings accounts, and state pools for those with pre-existing conditions,” DeMint said.

“These can be passed in a step-by-step process that would allow Americans to digest each new reform and build trust that each of these ideas stand on their own and will improve quality and lower costs.”

Representative Tom Price, an orthopedic surgeon who heads the House Republican Policy Committee, said stopgap legislation could be crafted for 2012 if the court ended health insurance safeguards for young adults and children with pre-existing medical conditions.

“That would present a significant void and vacuum in health policy,” Price said. “There will be a need to have some things to fill that vacuum.”

I’m not too worried about that stopgap legislation somehow drifting into permanence through congressional neglect just because, as I say, they’d need to find a payment mechanism for it sooner rather than later. But if you’re looking for a way in which pieces of O-Care might actually be preserved, that’s it.

There’s bound to be more on this from the GOP leadership tomorrow so stay tuned. While we wait, enjoy this memo obtained by BuzzFeed from a leftist group about the various health-care theatrics they’re planning around next month’s Supreme Court ruling. Can’t wait to see what they have in mind for “hospital emergency rooms.”

It would be fine if it was just this one article this one time from Politico, but the fact is we’ve been hearing mutterings of this for quite some time now. The GOP’s commitment to repealing Obamacare is suspect at best – most of them still seem to believe it’s popular.

But really, come on, folks. You knew what you were getting into when you all voted for Romney and declared you would take absolutely anything the GOP gave you as long as it was “not Obama.” This is what “not Obama” means.

The GOP’s commitment to repealing Obamacare is suspect at best – most of them still seem to believe it’s popular.

Doomberg on May 17, 2012 at 2:41 AM

Yep. And we can see with our own eyes that the idiots in the GOP leadership have taken the Occupoopers more seriously than the Tea Party. That was quite unbelievable, but … there you are. They are dense. The Crybaby Weeper of the House had to say how he “understood” the Poopers – as if they had any coherent message to understand.

That’s why I’ve been saying that 2012 is my last GOP vote. They are only of use to get the Dog-Eater out of office. After that, I want most of the GOP done away with. They’re too stupid to represent me and have shown since the 2010 elections that they don’t hold me or my views or the Constitution or reason in high regard. They are only lucky that the dems are that much worse than them (which ain’t no mean feat) but after 2012, that excuse is gone.

The Weeper should have been tossed in March 2011, at the latest. He is an imbecile. I had enough of him threatening to read ObamaCare on the floor to try and stop it (the horror) and he didn’t even have the guts to do that.

Can you say “trial balloon”? Why am i not surprised by this rumor? The GOP has let us down every time they truly have the power to take this country back towards the Founders’ vision.

You think the Tea Party is “cannibalistic” now? If these big government RINOs go weak in the knees when it comes to Obamacare, there will be a all out revolt. If Republicans get the chance to seriously change the direction of our country after the 2012 elections and dont because of fear of losing power…..

There is a big contingent of Conservative/Libertarian types just looking for an excuse to completely reject the GOP and go to a Ron Paul third party.

Give them…give them….give them? Where does it end? Do we have to become like Athens before the GOP does what must be done? Where are the statesmen and leaders instead of the permanent professional politicians who always choose – not for America – but for that which will keep them fat and comfy in Washington?

So, who is it? Gots a list of people and organizations saying this word for word?

I’m following Constitutional principles where the government has a defined set of powers and all rest are retained by the States and the people. Government has failed at ‘keeping prices down’ via a path of subsidies, kickbacks, and mandates, all paid for in higher taxes and higher debt. This isn’t working as we get larger government, higher costs and larger debt all the exact opposite of what was intended. When the federal government fails a task not given to it, the remedy is to stop utilizing power to do something and return the problem to those best suited to figure it out: the States and the people.

This is federalism.

Be nice if I heard others saying it and backing it, it really would. Be nice to find some people who have been pointing this out, really. As it is I haven’t read of anyone saying this in this form, in this fashion, in those words so how can I possibly be parroting them if I haven’t read them? That would sure impress me, to know I got telepathy working and I’m not using it all that much. Let me know who is saying this stuff word for word as talking points so I can learn to fine tune this power, wouldya?

They are right about this. Look at who the Republican nominee is. Look at past comments by certain Republicans in congress. Republicans are as committed to the lobbying interests as the Democrats. Bush’s two terms were, for the most part, about payouts to the lobbying interests, including the prescription drug benefit.

Can you say “trial balloon”? Why am i not surprised by this rumor? The GOP has let us down every time they truly have the power to take this country back towards the Founders’ vision.

You think the Tea Party is “cannibalistic” now? If these big government RINOs go weak in the knees when it comes to Obamacare, there will be a all out revolt. If Republicans get the chance to seriously change the direction of our country after the 2012 elections and dont because of fear of losing power…..

There is a big contingent of Conservative/Libertarian types just looking for an excuse to completely reject the GOP and go to a Ron Paul third party.

alecj on May 17, 2012 at 3:15 AM

Spot on – I think after Wisconsin votes we’ll know a little better if we can fully hold their feet to the fire. Romney has repeatedly said he would repeal it in full.

He’s just deflecting attention away from the fact that Conservatives actually question their representatives and don’t follow lockstep like Democrats like himself do with their cult leaders..uh..I mean, representatives.

they’ll draw up bills to keep the popular, consumer-friendly portions in place — like allowing adult children to remain on parents’ health care plans until age 26, and forcing insurance companies to provide coverage for people with pre-existing conditions.

This wouldn’t work at all. You can’t get rid of the individual mandate but still force insurers to accept people with preexisting conditions. The whole insurance system would go bankrupt in a year.

As usual, no one ever wants to talk about getting the Federal govt out of providing healthcare for citizens.
We need to wean people off of Medicare/caid, SSI disability payments & SS benefits.
It ALL needs to go away.
I am personally willing to forgo any SS I ‘might’ get in the futre to do this.
I am paying into a pension for myself.
But in reality, I am quite sure I’ll never officially retire. I’ll be that old science teacher that was around before Methusalah.
Why do people get this notion that they have the right to retire from working at a certain age?
My mother in law is in her upper 70s & she still works.
Does dishes at the school, and other odd jobs around town.
I realize there are some people who will be unable to care for themselves.
But this is nothing new.
In the old days, it was the family & the extended family & network of friends that a person had, or a community that would step up & care for its aging & disabled & sick citizens if they could not do so & had no one.
My Great grandfather was living off & on with his children & nieces & nephews.
Everybody helped care for him.
And he was the meanest old man in the world!
His mother did the same thing when she got old. She revolved between her children’s households.
Some family members I had in the old days who needed to be in a home were paid to stay there by family.
These needs were filled long ago, before all these social programs came along.
We need to go back to this.
You let people keep more of their $$, get rid of this Federal govt welfare, & two things will happen:
People will be less likely to burn bridges with their friends & family, making the community closer.
People will donate more time & $$ into charitable works bcs they get to keep more of their own $$.

The individual mandate was added as part of the deal with the insurance companies, and in exchange they agreed to accept people with pre-existing conditions and remove caps on coverage. If you strip out the individual mandate, it is not clear how you can keep those other provisions without (a) much larger premiums on everyone who buys insurance, or (b) massive government aid to pay for the new requirements on the insurance companies.

Heard Levin screeching about this with his purity “caving” nonsense. SCHIP and Pre-Existing are incredibly popular and it would be suicide not to float an alternative that keeps them in some form. Which is why they’re floating it, they’re not stupid and don’t have the luxury of screeching about it from the safe confines of a radio studio. You want to dismantle the back door single payer system that is Obamacare, you need to win the Presidency and maintain the Congress. Which means you have to play politics.

Heard Levin screeching about this with his purity “caving” nonsense. SCHIP and Pre-Existing are incredibly popular and it would be suicide not to float an alternative that keeps them in some form. Which is why they’re floating it, they’re not stupid and don’t have the luxury of screeching about it from the safe confines of a radio studio. You want to dismantle the back door single payer system that is Obamacare, you need to win the Presidency and maintain the Congress. Which means you have to play politics.

AYNBLAND on May 17, 2012 at 9:53 AM

If what is popular determines what is right, then close the door and shut off the light on your way out — America is over.

Heard Levin screeching about this with his purity “caving” nonsense. SCHIP and Pre-Existing are incredibly popular and it would be suicide not to float an alternative that keeps them in some form. Which is why they’re floating it, they’re not stupid and don’t have the luxury of screeching about it from the safe confines of a radio studio. You want to dismantle the back door single payer system that is Obamacare, you need to win the Presidency and maintain the Congress. Which means you have to play politics.

AYNBLAND on May 17, 2012 at 9:53 AM

Demanding Obamacare be dismantled is “purity screeching” now? You people are totally, completely clueless.

Conservatives should just admit something to which may already exists, it’s time to form a third party.

jjnco73 on May 17, 2012 at 7:50 AM

Not until this starts happening:

Brainless wingnut: “A vote for a 3rd party is a vote for Obama!”

The rest of the right-wing: “Sit down and shut up.”

MelonCollie on May 17, 2012 at 10:46 AM

The “right-wing” doesn’t cotton very well to being told “sit down and shut up,” in case you haven’t noticed lately. But aside from that, while I have no problem with a third party on principle, it has to start from the bottom up if it’s to have any hope of supplanting a well-established national apparatus.

If Rs do the one thing that needs to be done, these issues will become moot. Specifically, they must divorce insurance from employment. If people are paying for their insurance directly, it will be between them and their children how long the latter are covered. It’ll be up to them whether contraception is covered.

My guess is that most people will opt for high deductible policies that cover only extraordinary expenses. It’s stupid to pay insurance companies for basically just being our medical paperwork processor.

What’s interesting is that conservatives seem less concerned with the possibility that the Federal Government will seize and imprison them without a trial than with the possibility that the Federal Government will compel them to buy health insurance or pay a fine. What Obama should have done was tie his health care law to the War on Terror, then nobody would have opposed it.

About 326 million of us here in the USA, politicians claim 30 million without heath care, that’s a little less than ten percent and that means about ninety percent were ok with their health care. What went wrong? I thought we lived in a democracy where we had a voice in this matter.

It’s not at all remarkable that conservatives are more concerned with reality that actually occurs than hypothetical possibilities which do not. When a u.s. citizen is actually seized and held on u.s. soil indefinitely without CHARGES, then we’ll be concerned.

It’s not at all remarkable that conservatives are more concerned with reality that actually occurs than hypothetical possibilities which do not. When a u.s. citizen is actually seized and held on u.s. soil indefinitely without CHARGES, then we’ll be concerned.

It is reality that the government has asserted its authority to imprison Americans without a trial. I suppose there are some, though, who rest easy in the notion that the gov’t will never, ever abuse such power.

It is reality that the government has asserted its authority to imprison Americans without a trial

No, sorry, that’s your fantasy world again. Name one citizen over whom this authority has been asserted.
Why aren’t you equally upset that the government “could” shut down news agencies for national security reasons?
Why aren’t you equally upset that the government “could” seize all private firearms for national security reasons?
There’s lots of unconstitutional things the government “could” do. Obsessing over crap that hasn’t and probably will never happen is a rabbit-hole for truthers and their ilk, and is certainly a poor excuse for distracting from what the government has said it IS DOING.

Simple solution: if you’re that upset about the lack of conspiracy theory topic choices on this blog, go start your own.

I pay for someone else’s head cold when they transfer it to me. I do not pay for their needing dialysis. That’s not communicable.

Let’s remove the requirement that emergency rooms treat all comers. If you have the sniffles go to a sniffles doctor. If you have a broken leg, go to a broken leg doctor. We’ll pay for the former because it prevents the spread of disease. We won’t pay for the latter because it doesn’t buy all the rest of us something.

This is what might be enlightened self-interest. Let the government pay for a basic communicable disease coverage for everybody. Cap it at communicable disease coverage. Allow the people to go purchase their own insurance without governmental market distortions that would require ever larger chunks of overpaid governmental bureaucrats.

So many say that the GOP elite’s do stupid things out of fear, I contend they are complicit. Obama care would make millionaires out of many in congress, you think the leadership is above this? The only real way to stop all this is term limits. We allow the corrupt to stay on for decades, passing bills that aide themselves financially. Bridges to no where, etc etc. just once we need a forensic audit of all our elected officials, ear marks gone. Allowing people to write the bills that affect them must be stopped. Boehner and his henchmen need to go stat. What good has McConnell done for us in the Senate, none! He actually sabotaged some of the good things that came out of the House. We have a great party with great ideas if only we can change those at the top.